Written by attorney Christopher Michael Mellino

The general timeline of a medical malpractice lawsuit

Medical malpractice lawsuits ( are a legal course of action that enables injured patients to seek compensation should they become injured due to medical negligence. If you think you may have viable cause for filing a claim (, seek the legal counsel of malpractice attorneys in Cleveland, Ohio at Mellino Robenalt, LLC.

Basic Requirements for Filing an Ohio Malpractice Claim

While no two lawsuits are exactly the same, there are certain prerequisites that each case must have. You and your malpractice attorneys in Cleveland, Ohio will need to demonstrate that you were a patient, that the doctor owed you a duty of care, and that the doctor’s negligence caused your injuries.

Keep in mind that a claim can be filed against several types of parties in a medical negligence case. In addition to attending physicians and nurses, hospitals and care centers may be held liable in certain instances.

A Generalized Timeline of Medical Malpractice Lawsuits

In many cases, a general outline of the events that occur include:

  • discovery of the injury caused by negligence;
  • seeing other physicians and tending to the incurred injuries;
  • visiting malpractice attorneys in Cleveland, Ohio for an initial consultation;
  • lawyer collects pertinent information;
  • patient/lawyer requests settlement from insurance company;
  • a lawsuit is prepared and a court date set (should a settlement fail to be reached);
  • both parties undergo and submit interrogatories and dispositions;
  • motions are made and trial prep begins;
  • trial actually commences; and
  • insurance company submits patient a settlement check (should the case have a successful resolution).

If the claim is settled out of court, things move along more swiftly than if they go to trial; claims can reach a resolution in several months or years. However, if the case elevates to a medical malpractice lawsuit, the whole process may take up to several years to finalize.

First Steps to Recovering Compensation

The first step of seeking reimbursement for your injuries is to call local malpractice attorneys to go over the specifics of your case. Your attorney will assess the viability of your claim, thoroughly explain your legal options, and work steadily to preserve your rights to obtain the recompense to which you may be entitled.

In the meantime, you’ll want to keep an injury file where you collect all pertinent information such as medical records, doctor’s reports and an injury journal. All of these items may come in handy throughout the course of your claim.

Consulting Malpractice Attorneys in Cleveland, Ohio

There were a total of 2,988 claims reported inOhioin 2010, according to a report from the Ohio Department of Insurance. Of these, only about 4 percent were settled by a verdict. The majority (nearly two-thirds) were abandoned or dismissed without prejudice, while nearly a quarter were settled – of those settled, about 92 percent resulted in payment to the defendant.

Admittedly, the legal process of filing a malpractice lawsuit can be arduous and lengthy. And because these are difficult cases to prove, injured patients often benefit when enlisting in the help of a lawyer to help map out a plan. Contact ( Mellino Robenalt, LLC today for an initial consultation at (440) 333-3800 to go over your medical malpractice lawsuit.

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